A defendant shall be punished by imprisonment for one year.

Seized evidence No. 5 shall be confiscated.

80,000 won shall be additionally collected from the defendant.

Punishment of the crime

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the psychotropic drugs-related Mesofts (i.e., a single philopon; hereinafter “philopon”), as follows:

1. On July 15, 2018, the Defendant: (a) purchased 400,000 won from the Defendant’s vehicle parked in Nam-gu Incheon Metropolitan City B; (b) purchased chophonephones with approximately 0.7g chophones from D.

2. On July 15, 2018, the Defendant, at the Defendant’s house located in Michuhol-gu Incheon E and F, put approximately 0.4 g of opon into a single-use injection machine, injected opon in a way of injecting it into the arms blood transfusion after dilution with bio-diling.

3. On August 1, 2018, the Defendant remitted the price of KRW 400,000 to D’s G account, and then purchased opphones from I located in Michuhol-gu Incheon Metropolitan City H on August 2, 2018, using approximately 0.7g of opphones contained in vinyl packaging from D.

4. Around August 2, 2018, the Defendant administered a penphone in the same manner as that of paragraph (2) on the Defendant’s vehicle parked on the road side of Michuhol-gu Incheon, Michuhol-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Seizure records;

1. Requests for appraisal;

1. Details of each currency and account transactions;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Relevant Acts concerning the facts constituting an offense (the purchase of phiphones and the points of administration);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The sentence is to be imposed because it is inevitable to impose a heavier punishment in light of the fact that a person had been punished several times for the same kind of crime for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., which led to the occurrence of each crime of this case again during the period of probation, and the quantity and frequency of

The sentence recognizes the crime and reflects it.